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    rstorch's Avatar
    rstorch Posts: 1, Reputation: 1
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    #1

    Jan 18, 2010, 08:14 PM
    Bankruptcy questions ask
    Can I file bancruptcy and leave my spouse out of it if it was debt I acrued before the marriage?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 18, 2010, 08:46 PM

    You can not merely file on one debt, you will have to list all debts, including current ones. Do you and wife have any joint debts now.

    But she does not have to file and you don't have to include her,
    XTC832's Avatar
    XTC832 Posts: 60, Reputation: 6
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    #3

    Jan 19, 2010, 05:44 PM
    Even though you are married, you can file as a single filer. Like Fr_Chuck said, you have to list ALL your debts and any joint debts. Any debt that solely belongs to your spouse does not have to be listed in the actual petition. In fact, his/her name is not even required in the petition. However, in the means test, all household income, including your spouse's if any, must be included. (This of course assumes you both live together in the same household.) Any debts that belong solely to your spouse may then be deducted from gross income. This is known as the marital adjustment.
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